United States v. Ortiz-Sandoval

United States District Court, Ninth Circuit

April 25, 2013

United States of America, Plaintiff,v.Guadalupe Ortiz-Sandoval, Defendant.

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court are two motions filed by Defendant. Defendant has filed a motion for sentencing transcripts (Doc. 23) and a motion to proceed in forma pauperis in her motion for sentencing transcripts (Doc. 24).

Pre filing a motion to vacate set aside or correct sentence pursuant to 28 U.S.C. § 2255, defendant apparently seeks free copies of transcripts and other court records in this case in order to prepare a 28 U.S.C. § 2255 motion to vacate sentence. Although 28 U.S.C. § 753(f) authorizes the district court to provide transcripts to a defendant at no cost in some cases, it does not authorize the district court to order payment for transcripts if the defendant has not yet filed a collateral attack on her conviction or sentence under § 2255. United States v. MacCollom, 426 U.S. 317, 321 (1976). Defendant has not yet filed a § 2255 motion to vacate. Accordingly, her motion for transcripts (Doc. 23) must be denied. Further, regarding Defendant's motion to proceed in forma pauperis, there is no filing fee required of a movant under § 2255.

Based on the foregoing,

IT IS ORDERED that Defendant's motion for sentencing transcripts (Doc. 23) is denied.

IT IS FURTHER ORDERED that Defendant's motion to proceed in forma pauperis ...

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